The listing of the general rights of the people can be found in the first ten amendments in the Constitution, also known as the Bill of Rights.

The 13th and 14th amendments have also added to the Constitutions guarantees of personal freedom.

3Civil liberties definitions

In general, civil liberties are protections against government.

They are guarantees of the safety of persons, opinions, and property from arbitrary acts of government.

Personal Rights of Citizens

4Protection of Civil Liberties

Institutional Courts decisions on constitutionality of laws in violation of fundamental freedoms

Political Arousal of public support for principles of liberty by political and social leaders

5The Bill of Rights 1791

Reason For or in Support See outline notes. LIST FOUR

Reasons Against Protection in the Ninth Amendment (1791) See outline notes

Article IV, section 2 QUOTE FROM NOTES

6The 9th Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The Ninth Amendment states that the American people possess rights that are not set out explicitly in the Constitution.

It has been used to protect rights as various as the rights of the accused to a womans right to abortion without undue interference by government.

71) The Ninth Amendment was included in the Bill of Rights

over the objections of Anti-Federalists

to protect rights which were not specifically listed

so that the states could not violate individual rights

in an effort to reserve specific rights for the states

8Limited Government

Throughout the Constitution, the extent of governmental authority is strictly limited. Article I, Section 10 No bills of attainder

No ex post facto laws

The rights that the Constitution guarantees to citizens are also limited.

People in the United States are free to do as they please as long as they do not infringe upon the rights of others. Rights are relative.

Sometimes, different rights conflict with one another, such as the freedom of the press and the right to a fair trial.

Not all rights are guaranteed to aliens, who are foreign-born residents or non-citizens. For instance, their right to travel is often restricted.

9Federalism and Individual Rights

The Bill of Rights

The most famous of the Constitutions guarantees apply only to the National Government, not the government of the States.

The Supreme Court held that the Bill of Rights only restricts the National Government in Barron v. Baltimore, (1833).

The Modifying Effect of the 14th Amendment

The 14th Amendments Due Process Clause provides that no State can deprive any person of life, liberty or property, without due process of law. WOLL p.106

However, to include rights under that heading, the Supreme Court had to define the rights on a case by case basis, called the process of incorporation.

Gitlow v. New York (1925)

DISCUSS See outline notes.

102) The principle that the Supreme Court currently uses to extend the Bill of Rights to the Fourteenth Amendment is called

Incorporation

Bad tendency doctrine

A nonpreferential view

The accommodationist twist

113) The First Amendment clearly limits the powers of the

Supreme Court

Congress

President

State governments

Local governments

See Barron v. Baltimore

124) The significance of the Gitlow v. New York (1925) case was that it

mandated that state governments uphold the provisions of the federal Bill of Rights

interpreted the death penalty as a cruel and unusual punishment

upheld the constitutionality of the exclusionary rule

outlawed reverse discrimination

13 5) States are now prohibited from infringing upon the rights protected by the Federal Bill of Rights because

an executive order issued by President Washington

a provision in the Fourteenth amendment

legislative action by the first Congress

an introduction to the document which mandates it

14 6) When creating the Constitution, The Founding Fathers did not include a bill of rights because

they had too many other issues to consider

they were unsure of what to include

they believed such a bill was unnecessary because the states already had such protections

James Madison lobbied against such a bill

Check Woll p. 103

15The First Amendment Freedoms

Freedom of Speech

Freedom of Press

Freedom of Assembly

Freedom of Petition

Freedom of Religion

167) The First Amendment protects all of the following freedoms EXCEPT

Religion

Choice

Press

Assembly

Privacy

17Freedom of Speech One

Freedom of Speech guarantees are meant to

Protect each persons right of free expression, whether spoken, written, or communicated in any other way.

Protect all persons right to a complete discussion of public affairs.

18Speech

Slander, the false and malicious use spoken words

Obscenity Words that incite others to commit crimes

19Seditious Speech

Sedition is the crime of attempting to overthrow the government by force, or to disrupt its lawful activities by violent acts. Seditious speech is speech that urges such conduct.

20Congress has enacted three major laws to prevent sedition and seditious speech

The Alien and Sedition Actsmade scandalous or false criticism of the government illegal. Expired before Thomas Jefferson took office in 1801.

Espionage Act 1917 Felony to cause insubordination in the army or interfere with enlistment. DISCUSS Schenck v. United States (1919)

And Abrams v. United States (1919) Schenck p.504-505

The Sedition Act of 1917-1918made it a crime to encourage disloyalty or spread anti-government ideas during a time of crisis. Upheld by the Supreme Court in instances of clear and present danger.

The Smith Act of 1940forbade advocating violent overthrow of the government, and belonging knowingly to any group that does. The Supreme Court still upholds the constitutionality of the law, but over time has modified it so that it is difficult to enforce. Yates v. US (1957) and Brandenburg v. Ohio (1969)

218) Oliver Wendell Holmes first announced the celebrated clear and present danger doctrine in the case of

A. Barron v. Baltimore

B. Gitlow v. New York

C. Schenck v. United States

D. Lemon v. Kurtzman

22Symbolic Speech

Symbolic speech is expression by conduct.

Tinker vs. Des Moines

Thought provoking or provocative IS protected.

Supreme Court rulings show that the blanket of symbolic speech covers only so much. It does not cover destroying draft cards United States v. OBrien, (1968) but it does encompass flag burning Texas v. Johnson, (1989), and United States v. Eichman, (1990).

23Chaplinsky v. New Hampshire (1942)

Fighting words that incite are NOT protected.

249) The Constitution protects speech that is

Provocative

Obscene

Seditious

Libelous

Abusive

2510) A case that expanded the concept of symbolic speech to include the wearing of armbands in protest was

A. Tinker v. Des Moines

B. Engel v. Vitale

C. Mapp v. Ohio

D. Bakke v. Regents

26Freedom of the Press Two

Obscenity laws are enforced under the postal power (Article I, Section 8, Clause 7 of the Constitution).

Obscenity Test laid out in Miller v. California, (1973)

1) The average person finds that the work appeals to prurient interests judging from contemporary standards.

2) The work describes offensive sexual conduct that is specifically outlawed as obscene.

3) The work lacks serious value of any variety.

2711) Under the first amendment which Supreme Court decision set forth a 3 part test for determining obscenity?

Everson v. Board of Education

Lemon v. Kurtzman

Wallace v. Jaffree

Miller v. California

2812) Constitutional protection is withheld from

Adult Books

Adult Magazines

Adult Movies

Sexually explicit photographs of minors

29Freedom of Press does not protect

Libel, the false and malicious use of written words

CASES New York Times Co. v. Sullivan (1964)

Woll page120

3013) Which of the following cases set guidelines for libel cases?

A. N. Y. Times v. United States

B. N. Y. Times v. Sullivan

C. Palko v. Connecticut

D. Near v. Minnesota

31Censorship

In most cases, the government cannot curb ideas before they are expressed. It can punish ideas after they are expressed.

32Prior Restraint

The Supreme Court has held in several cases that the guarantee of a free press does not allow the government to exercise prior restraint on publication except in grave circumstances. In Near v. Minnesota (1931), the Court protected the rights of even miscreant purveyors of scandal.

In New York Times v. United States, (1971), the government sought a court order to keep newspapers from printing the Pentagon Papers which had been stolen and leaked to the press. The Supreme Court found that the government couldnt show that the papers endangered national security enough to justify prior restraint of publication.

33 14) The term prior restraint would most likely be used in which of the following actions?

Arrest

Censorship

Amnesty

Sentencing for a crime

3415) Which of the following cases dealt with prior restraint?

N. Y. Times v. United States

N. Y. Times v. Sullivan

Wisconsin v. Yoder

Snepp v. United States

35Snepp v. United States (1980)

CIA Permissible Prior Restraint

FREE PRESS v. FAIR TRIAL

Nebraska Press Association v. Stuart (1976)

36Freedom of Assembly Three

The Constitution guarantees the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The right to assemble, or gather with one another to express views.

The right to bring views to the attention of public officials.

37Time, Place and Manner Restrictions

Picketing, the patrolling of a business site by workers on strike, is a prevalent form of symbolic speech.

CASES Gregory v. Chicago, Hill v. Colorado, and Madsen

38Public Property 39Time-Place-Manner Regulations

The government can make and enforce rules regarding the time, place, and manner of assemblies.

An example of such a rule is that public areas near schools and courthouses are restricted.

The governments rules must be content neutral. They can place restrictions of the basis of the time, place and manner of the assembly, but not on what the assembly is trying to say on PUBLIC PROPERTY.

40Private Property

The rights of assembly and petition do not give people a right to trespass on private property.

States can interpret their constitutions to require owners of private property, such as shopping centers, to allow people to petition on their property.

41Private Property

Lloyd Corporation v. Tanner (1972)

HOSTILE AUDIENCES

Feiner v. New York (1952)

4216) Time, place, and manner restrictions on freedom of expression are generally upheld by the courts if they

give local authorities adequate discretion to enforce them

apply only to obscene materials or libelous statements

do not make it overly difficult for a person to share their ideas with others

are not applied to traditional public forums such as street corners and public parks

4317) Peaceful picketing

is protected absolutely by the First amendment

may only be regulated by Congress

may be regulated by the states under certain conditions

may be regulated by the states unconditionally

44Freedom of Association

The guarantees of freedom of assembly and petition include a right of associationthe right to associate with others to promote causes.

The freedom of association also means that a State cannot force an organization to accept members when that association would contradict what the organization believes in.

45Freedom of Religion Five

Two guarantees of religious freedom

Establishment Clause

Guards against establishing a mandated religion.

In effect, freedom from religion

Free Exercise Clause

Guards against the government interfering in the exercise of any religion.

In effect, freedom for religion.

46Separation of Church and State A wall of separation?

However, the government supports churches and religion in a variety of ways, including tax exemption.

Church and government are constitutionally separated from one another.

47Everson v. Board of Education (1947)

The court did not rule on the meaning of the Establishment Clause until Everson which incorporated the clause to apply to the states.

4818) In the Supreme Court case Everson v. Board of Education a wall of separation was created between church and state, which clause created the wall?

Establishment clause

Free Exercise clause

Due Process clause

Necessary and proper clause

49Court definition of the Establishment Clause

Neither a state nor the federal government can set up a church, nor pass laws which aid one religion, all religions, or prefer one religion over another.

Neither can force a person to go to or remain away from a church against his will or force him to profess a belief or a disbelief in any religion.

Finally, the government may not participate in religious affairs nor impose taxes for their support.

50McCullom v. Board of Education (1948)

Question

Did the use of the public school system for religious classes violate the First Amendment's Establishment Clause?

51The Lemon Test is based on Lemon v. Kurtzman, (1971)

The purpose of the aid must be nonreligious.

The aid can neither advance nor inhibit religion.

Aid must not excessively entangle the government with religion.

5219) Under the first amendment which Supreme Court decision set forth a 3 part test for determining whether a government policy violates the Establishment clause.

Everson v. Board of Education

Lemon v. Kurtzman

Wallace v. Jaffree

Miller v. California

53Reynolds v. United States (1878)

Mormon

HOLIDAY DISPLAYS

Lynch v. Donnelly (1984)

Allegheny County v. Greater Pittsburgh ACLU (1989)

PRAYER in Legislatures Marsh v. Chambers (1983)

Zorach v. Clauson

54Religion and Education

The Supreme Court has had to consider many Establishment Clause cases that involve religion and education.

55Religion in Public Schools

Minersville School District v. Gobitis (1940) Jehovah Flag Salute

West Virginia State Board of Education v. Barnette (1943)

Jehovah Witness

Engel v. Vitale (1962) New York schools WOLL p. 144

Wallace v. Jaffree (1985) Alabama schools

Edwards v. Aguilard (1987) Louisiana schools

Lee v. Weisman (1992) Graduation

Westside Community Schools v. Mergens (1990) Equal Access Act

5620) All of the following statements represent positions the Supreme Court has taken on the First Amendment right to freedom of religion EXCEPT

public school officials may write a non-denominational prayer for school children to recite at the beginning of each school day.

a copy of the Ten Commandments may not be posted on the walls of public school classrooms

Creation Science may not be taught in public schools

State may not outlaw the teaching of evolution in public schools

5721) Under the terms of the Establishment clause,

people may worship as they please

The United States is officially an atheist nation

Government may not set up or support a national religion

citizens may be compelled to attend religious observances

58Free Exercise Clause

No government interference with religious practices.

Cantwell v. Connecticut (1940) Noninterference includes states

Wisconsin v. Yoder (1972) Amish children exempt from education.

5922) Which of the following situations might violate a First Amendment right?

Police search a high school students locker for drugs

A state legislature passes a law prohibiting the possession of firearms

Prisoners are not allowed to consult with their attorneys

A town council refuses to grant a permit for the Ku Klux Klan to march

6023) The free exercise clause of the First Amendment prevents government from

favoring a particular religion over others

establishing an official church

interfering with the right to practice ones own religion

providing financial aid to religious groups.

6124) Which of the following activities has the Supreme Court ruled to be unconstitutional?

praying in a school building

devotional reading of the Bible in school

teaching evolution in school

tax exemption for parochial schools

62Civil Liberties

Amendments 2 through 8

63The Second Amendment

Protects the right of the people to keep and bear arms.

TRUE PURPOSE Well regulated militia is necessary to the security of a free state.

64The Right to Keep and Bear Arms

The 2nd Amendment protects the right of each State to form and keep a militia.

Many believe that the 2nd Amendment also sets out an individual right to keep and bear arms.

The Supreme Court has only tried one important 2nd Amendment Case, United States v. Miller, 1939. The case involved a section of the National Firearms Act of 1934 that forbid shipping sawed-off shotguns, silencers, and machine guns across State lines without informing the Treasury Department and paying a tax. The Court upheld the provision.

The 2nd Amendment has as yet not been extended to each State under the 14th Amendment. Therefore, the individual States have the right to regulate arms in their own ways.

65Security of Home and Person

The 3rd and 4th Amendments protect the security of home and person

The Third Amendment has never been the subject of a Supreme Court decision.

66The Fourth Amendment

The 4th Amendment protects against writs of assistance (blanket search warrants) and unreasonable searches and seizures. It is extended to the States through the 14th Amendment.

67Aspects of the 4th Amendment 68Banning Unreasonable searches and seizures

WIRETAPPING CASES

Olmstead v. United States(1928)

Katz v. United States (1967)

6925) What was the name of the first wiretap decision the Supreme Court made dealing with wiretaps made by police on public phone booths?

Katz v. United States

Olmstead v. United States

California v. Ciraolo

California v. Greenwood

70EXCEPTIONS

Evidence in plain sight

Automobliles- Moveable scenes of crime

Garbage

Aerial surveillance

Hot Pursuit

School buildings and Parking Lots

New Jersey v. T.L.O.(1984)

7126) This Supreme Court decision ruled that probable cause is not needed when students are searched by school officials.

New Jersey v. T.L.O.

Brown v. Board of Education

Everson v. Board of Education

Tinker v. Des Moines Board of Education

7227) The Supreme Court established the principle that teachers and students do not shed their Constitutional rights to freedom of speech or expression at the schoolhouse gate in which Supreme Court decision?

New Jersey v. T.L.O.

Brown v. Board of Education

Everson v. Board of Education

Tinker v. Des Moines Board of Education

7328) Of the following, please pick the situation where a warrant is needed.

Plain sight

Open Fields

Hot Pursuit

Apartment buildings

7429) Of the following situations please pick the one where a search warrant is needed.

A motor home with no wheels

Airports

Border crossings

Automobiles

75Approved Entrance Doctrine

Washington v. Chrisman (1982) Allowance of evidence in a trial with an approved entrance.

76Plain View Doctrine

United States v. Ross(1982) Traffic stop and search. Use of discovered evidence.

California v. Ciraolo (1986) Fences

California v. Greenwood (1988) Garbage

7730) This Supreme Court decision allowed police or anyone else to search a persons garbage without a search warrant.

Katz v. United States

Olmstead v. United States

California v. Ciraolo

California v. Greenwood

78EXCLUSIONARY RULE

Prohibitions on the prosecutions use of illegally obtained evidence.

Weeks v. United States (1914)

Mapp v. Ohio (1961)

Terry v. Ohio (1968)

7931) This Supreme Court decision allowed the obscene materials/items that were found/seized from a warrant less search to be thrown out.

Terry v. Ohio

Sheppard v. Maxwell

Katz v. United States

Mapp v. Ohio

8032) This Supreme Court case started in Ohio when an off duty police officer searched and seized a weapon from three men thought to be casing a store with the intent to rob it.

Mapp v. Ohio

Sheppard v. Maxwell

Fisher v. Ohio

Terry v. Ohio

8133) An argument in favor of the exclusionary rule is that it

encourages the police to protect defendants constitutional rights

keeps irrelevant evidence out of court hearings

speeds up the handling of court cases

promotes greater cooperation between the defense and prosecution attorneys

8234) This prohibited illegally seized evidence from being admitted at trial.

Establishment Clause

Exclusionary Rule

Establishment Rule

Exclusionary Clause

83Weakening of the Exclusionary Rule

United States v. Leon (1984)

Nix v. Williams (1984)

8435) Which of the following Supreme Court decisions involved the Fourth Amendment prohibition against unlawful search and seizure?

Baker v. Carr

Mapp v. Ohio

Gideon v. Wainright

Terry v. Ohio

85The Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a GRAND JURY, nor shall any person be subject FOR THE SAME OFFENSE TO BE TWICE PUT IN JEOPARDY of life and limb nor shall be compelled, in any criminal case, TO BE WITNESS AGAINST HIMSELF nor shall private property be taken for public use with out JUST COMPENSATION.

86The Fifth Amendment

Criminal Proceedings

Grand Jury

Double Jeopardy

Due Process

Eminent Domain

87Article I, Sections 9 10

Writ of Habeas CorpusA court order which prevents unjust arrests and imprisonment

Bills of Attainderlaws passed by Congress that inflict punishment without a court trial

8836) Which of the following is used to effect the release of a person from improper imprisonment?

A) A writ of mandamus

B) A writ of habeas of corpus

C) A bill of attainder

D) An ex post facto law

89The Meaning of Due Process 90The Due Process steps

A crime is committed

An investigation by police starts

Evidence is gathered (Warrants)

Witnesses are questioned

Arrests are made after warrants are granted

A Grand Jury is convened An Indictement is granted

Arrests and Miranda

Person is charged with a crime

Arraignment person pleads Not Guilty Trial date is set

Trial Guilt or Innocence

If found guilty sent to Jail or Prison

Appeal

91Grand Jury

A grand jury is the formal device by which a person can be accused of a serious crime.

It is required for federal courts under the 5th Amendment.

The grand jury deliberates on whether the prosecutions indictment, a formal complaint, presents enough evidence against the accused to justify a trial.

Only the prosecution presents evidence.

The right to a grand jury is not covered by the 14th Amendments Due Process Clause. Most States have legislated to skip the grand jury stage.

92The 5th and 14th Amendments

The 5th Amendment provides that no person shall be deprived of life, liberty, or property without due process of law.

The 14th Amendment extends that restriction to State and local governments.

Due process means that the government must act fairly and in accord with established rules at all times.

Due process is broken down into two branches

Substantive due processthe fairness of the laws themselves

Procedural due processthe fairness of the procedures used to enforce the laws

9337) The two amendments that the Due Process Clauses are found in are

A. 4 and 13

B. 4 and 14

C. 5 and 14

D. 5 and 15

9438) The Fifth Amendment guarantees all of the following legal protections EXCEPT

Freedom from Double jeopardy

Freedom from being compelled to testify against oneself

Freedom from cruel and unusual punishments

Compensation for land taken by eminent domain

95Procedural Due Process

Procedural Due Process deals with the HOW and METHODS of governmental action. (PROCEDURES)

Rochin v. California (1952)

96The Police Power 9739) Procedural due process is based on the idea that

a defendants rights must be considered over the needs of society

systems of criminal justice must be affordable

police officials must have necessary authority to enforce the law

government officials must obey the law

98Substantive Due Process

Substantive Due Process deals with the WHAT and POLICIES of governmental action. (LAWS)

Pierce v. Society of Sisters (1925)

99Guarantee of due process to all suspects

Escobedo v. Illinois (1964) Access to lawyer denied.

Miranda v. Arizona(1966) Right to remian silent.

New York v. Quarles (1984)

100Double Jeopardy

No person can be tried for the same crime twice.

Does not apply if a mistrial is declared when jury cannot decide a verdict

Does not apply if case is appealed to a higher court

Benton v. Maryland (1969) The double jeopardy prohibition of the 5th, a fundamental ideal in our constitutional heritage, is enforceable against States through the 14th Amendment. Palko v. Connecticut Overturned and applied the 14th to the States.

101Self-Incrimination

The Fifth Amendment declares that no person can be compelled in any criminal case to be a witness against himself. This protection extends to the States, and sometimes to civil trials if the self-incrimination could lead to a criminal charge.

A person cannot be forced to confess to a crime under extreme circumstances.

A husband or wife cannot be forced to testify against their spouse, although they can testify voluntarily.

In Miranda v. Arizona, 1966, the Supreme Court set an historic precedent when it would no longer uphold convictions in cases in which the defendant had not been informed of his or her rights before questioning. This requirement is known as the Miranda Rule.

102Self-incrimination

No person can be forced to testify against themselves.

Taking the Fifth

Malloy v. Hogan (1964)

Also see Miranda v. Arizona (1966)

Schmerber v. California (1966)

103Eminent Domain

Just Compensation

See Barron v. Baltimore (1833)

Chicago, Burlington, Quincy Railroad Co. v. Chicago (1897)

Public v. Private Debate

10440) This term says that if the government takes land from private citizens for public use the landowner should be compensated

Substantive Due Process

Eminent Domain

Procedural Due Process

Unjust Compensation

105Sixth Amendment

Lists many parts of a fair trial that it be SPEEDY AND PUBLIC TRIAL by an IMPARTIAL JURY of the state that the accused be informed of the charges and the defendants be confronted with witnesses against him, ability to obtain witnesses in his favor and have the assistance of counsel for his defense.

SEE NEXT SLIDE IT IS BETTER !!!!!

106Right to an Adequate Defense Rights of the accused 107Guarantee to have a lawyer in criminal cases.

Powell v. Alabama (1932)

Appeal to the Supreme Court upon conviction of Scottsboro Nine in state court

Right to be represented by a lawyer

Duty of a state to provide lawyer if defendants unable.

10841) Which Supreme Court decision involved the infamous Scottsboro boys accused of raping a white woman and was a first step towards requiring states to appoint counsel to poor defendants.

Miranda v. Arizona

Powell v. Alabama

Gideon v. Wainwright

Betts v. Brady

109Gideon v. Wainwright (1963)

The final right of the Miranda warning.

In Forma Pauperis

Overturned Betts v. Brady (1940)

11042) This Supreme Court decision stated that all people are entitled to a right to counsel. This case overturned a previous case heard by the Supreme Court.

Miranda v. Arizona

Powell v. Alabama

Gideon v. Wainwright

Betts v. Brady

11143) The federal constitution guarantees which of the following rights to person arrested and charged with a serious crime?

To have an attorney appointed for them if they cannot afford to hire one

To remain silent

To compel witnesses in their favor to appear to testify if the case goes to court

I only

II only

III only

I, II, and III

11244) The Miranda Warning represents an attempt to protect criminal suspects against

unfair police interrogation

biased jury selection

imprisonment without a trial

illegal wiretapping

113Trial by Jury

Americans in criminal trials are guaranteed an impartial jury chosen from the district where the crime was committed.

If a defendant waives the right to a jury trial, a bench trial is held where the judge alone hears the case.

Most juries have to be unanimous to convict.

11445) This was the Supreme Court case overturned because it stated in the right to counsel is not needed in states unless special circumstances were met.

Miranda v. Arizona

Powell v. Alabama

Gideon v. Wainwright

Betts v. Brady

11546) The cases Gideon, Escobedo, and Miranda all concerned which of the following issues?

A) School prayer

B) Saluting the flag

C) Rights of the accused

D) Freedom of Speech

116Speedy and Public Trial

The right to a speedy and public trial was extended as part of the 14th Amendments Due Process Clause by Klopfer v. North Carolina, 1967.

117Speedy and Public Trial

The Speedy Trial Act of 1974 requires that the beginning of a persons federal criminal trial must take place no more than 100 days after the arrest

A judge can limit who can watch a trial if the defendants rights are in jeopardy.

118Barker v. Wingo (1972)

Petitioner was not brought to trial for murder until more than five years after he had been arrested, during which time the prosecution obtained numerous continuances, initially for the purpose of first trying petitioner's alleged accomplice so that his testimony, if conviction resulted, would be available at petitioner's trial. Before the accomplice was finally convicted, he was tried six times. Petitioner made no objection to the continuances until three and one-half years after he was arrested. After the accomplice was finally convicted, petitioner, after further delays because of a key prosecution witness' illness, was tried and convicted. In this habeas corpus proceeding, the Court of Appeals, concluding that petitioner had waived his right to a speedy trial for the period prior to his demand for trial, and, in any event, had not been prejudiced by the delay, affirmed the District Court's judgment against petitioner.

Held A defendant's constitutional right to a speedy trial cannot be established by any inflexible rule, but can be determined only on an ad hoc balancing basis in which the conduct of the prosecution and that of the defendant are weighed. The court should assess such factors as the length of and reason for the delay, the defendant's assertion of his right, and prejudice to the defendant. In this case, the lack of any serious prejudice to petitioner and the fact, as disclosed by the record, that he did not want a speedy trial outweigh opposing considerations, and compel the conclusion that petitioner was not deprived of his due process right to a speedy trial. Pp. 407 affirmed

119Sheppard v. Maxwell (1966)

Too Public.

Sequester the jury.

Change of Venue

Use of the gag order

120Arizona v. Youngblood (1988)

Loss of evidence by police.

Proof of bad faith on part of police necessary basis of overturning a conviction.

12147) This Supreme Court decision took place in Cleveland and was an example of a too public trial.

Terry v. Ohio

Sheppard v. Maxwell

Katz v. United States

Mapp v. Ohio

122Seventh Amendment

Right to a trial by jury in civil cases with a potential value in excess of 20.00

O.J. Simpson found responsible for Ron Goldmans death ordered to pay millions in Civil trial brought by Goldmans parents.

123Eighth Amendment

No requirement of excessive bail

No imposition of excessive fines

No infliction of cruel and unusual punishment

124Bail and Preventative Detention

Bail is a sum of money that the accused may be required to deposit with the court as a guarantee that he or she will appear in court.

The Constitution does not guarantee that all accused persons are entitled to bail, just that the amount of the bail cannot be excessive.

Preventive detention is a law that allows federal judges to order that accused felons be held without bail if there is a danger that the person will commit another crime if released.

Critics think preventive detention amounts to presuming the accused guilty. The Court upheld the law in United States v. Salerno, 1987.

125Cruel and Unusual Punishment

The 8th Amendment also forbids cruel and unusual punishment. The Supreme Court extended the provision to the States in Robinson v. California, 1962.

The 8th Amendment is intended to prevent, in the Courts opinion, barbaric tortures such as drawing and quartering and other excessively cruel punishments.

The Supreme Court held that defining narcotics addiction as a crime, rather than an illness, was cruel and unusual in Robinson v. California, 1962. In Estelle v. Gamble, 1976, it ruled that a prison inmate could not be denied medical care.

However, generally the Court has not found many punishments to be cruel and unusual.

126Capital Punishment

Capital punishment, or the death penalty, is hotly debated under the 8th Amendment.

The Supreme Court voided capital punishment laws in the early 1970s because it felt that the punishment was applied capriciously to only a few convicts, often African American or poor or both.

However, in 1976, the Court held for the first time that a new law which instituted the death penalty was NOT unconstitutional. The new law provided for a two-stage trial process. One trial would determine guilt or innocence, and a second hearing would decide whether the death penalty was warranted. The Court later restricted the use of the death penalty to cases where the victim died.

The 13th Amendment, ratified in 1865, ended slavery in this country. It also protects against involuntary servitude, or forced labor.

Neither the draft nor imprisonment can be classified as involuntary servitude.

Unlike any other part of the Constitution, the 13th Amendment covers the actions of private individuals as well as that of the government.

140The 13th Amendment in Action

For a long time after it was passed, both citizens and members of the Supreme Court thought that the 13th Amendment did not apply to acts of racial discrimination committed by private citizens. After all, the discriminatory acts were social choices and did not reinstitute slavery. According to this theory, Congress did not have the power to act against private parties who practiced discrimination.

Starting in 1968, the Supreme Court breathed new life into the 13th Amendment by upholding provisions in the Civil Rights Act of 1866, a little-known law that had escaped repeal in the late 1800s. In a series of landmark cases, the Supreme Court found that private citizens could not practice racial discrimination to exclude people on the basis of their color. They also expanded the law to include any group subject to discrimination based on their ethnicity.

141Civil Rights Jim Crow

De jure (by law) segregation

Plessy v. Ferguson (1896)

Brown v. Board of Education Topeka, (1954)

14255) This Supreme Court decision deals with the segregation of schools as long facilities were separate but equal

Dred Scott v Sanford

Plessy v. Ferguson

Brown v. Board of Education

Powell v. Alabama

14356) This Supreme Court decision overturned the decision by the Supreme Court that said segregation was OK as long as facilities were separate but equal and ruled that school districts and states must make changes to desegregate with all deliberate speed

Dred Scott v Sanford

Plessy v. Ferguson

Brown v. Board of Education

Powell v. Alabama

144Korematsu

Korematsu v. United States

14557) In the Korematsu case (1944) The Supreme Court

declared the Japanese relocation to be unlawful

declared that U.S. citizens of Japanese origin be exempted from relocation order

upheld the measure as reasonable in wartime

ruled that reverse discrimination was a major factor in the decision

146Answers

1-C 2-A 3-D 4-A 5-B

6-C 7-B 8-C 9-A 10-A

11-D 12-D 13-B 14-B 15-A

16-B 17-A 18-A 19-B 20-A

21-C 22-D 23-C 24-B 25-A

26-A 27-A 28-D 29-A 30-D

31-D 32-D 33-A 34-A 35-B

36-A 37-C 38-C 39-D 40-B

41-B 42-C 43-D 44-A 45-D

46-C 47-B 48-B 49-C 50-A

51-D 52-C 53-B 54-B 55-B

56-C 57-D

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